OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Greenville Board of Adjustment Meeting – March 28, 2024

Board of Adjustment — Thursday, March 28, 2024
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, March 28, 2024
StatusFILED
Video Record
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Transcript — Verbatim
0:32

Thank you for your patience.

0:33

The meeting will now come to order.

0:35

Welcome to the March 28th, 2024 meeting of the City of Greenville Board of Adjustments.

0:41

Ms.

0:41

Clerk, would you please call the road?

0:43

Sharon Evans here.

0:45

Chris Lilly.

0:46

Here.

0:47

Nathan Coleman.

0:49

Daniel Warrell.

0:50

Here.

0:51

Ryan Perdle.

0:52

Here.

0:52

Jermaine McNair.

0:54

Nola Dixon.

0:56

Carol Maz?

0:57

Here.

0:58

Sterling Ruffin.

0:59

Here.

1:00

We have quorum.

1:01

And Madam Chair, members of the board, all members present tonight are voting members for tonight's meeting.

1:07

Okay.

1:07

Thank you.

1:08

Is there a motion to approve last month's meeting minutes?

1:17

It's been moved by Mr.

1:19

Chris Lilly, second by Mr.

1:21

Nathan Worrell.

1:22

All those in favor of approving the minutes from last month, please do so by saying aye.

1:28

All those opposed, please say nay.

1:31

Thank you.

1:32

Mr.

1:33

Phillips.

1:34

The following general instruction to quasi judicial hearings and disclosure statement applies to all evidentiary matters for consideration by the board tonight.

1:42

To the board and members of the public, please note that for any variance hearings, a four-fifth vote of the board is required to grant a variance.

1:50

For all other evidentiary hearings, the decision will be made by a simple majority vote of the board.

1:56

The hearings tonight are quasi-judicial evidentiary hearings.

1:59

That means that they are like a court hearing.

2:01

State law sets specific procedures and rules concerning how this board must make its decision.

2:07

These rules are different from other types of land use decisions like rezoning cases.

2:12

The board's discretion is limited.

2:15

The board must base its decision upon competent, relevant, and substantial evidence in the record.

2:20

A quasi-judicial decision is not a popularity contest.

2:24

It is a decision constrained by the standards in the ordinance and based on the facts presented.

2:29

If you will be speaking as a witness, please focus on the facts and standards, not personal preference or opinion.

2:35

The board must base its decision upon evidence in the record as stated.

2:40

Witnesses should provide factual testimony as to how this project does or does not meet the standards.

2:46

As a witness, all other parties have the right to object to your testimony and cross-examine you.

2:52

Ultimately, the board will determine what evidence to consider and how much weight to assign to the evidence presented.

2:58

Participation is limited.

3:00

This meeting is open to the public.

3:02

Everyone is welcome to watch.

3:04

Parties withstanding have rights to participate fully.

3:07

Parties withstanding may present evidence, call witnesses, object to testimony, cross-examine witnesses, and make legal arguments.

3:16

Witnesses for a party may present competent material and substantial evidence that is not repetitive but is allowed by the board.

3:23

General witness testimony is limited to facts, not opinions.

3:27

For certain topics, this board needs to hear opinion testimony from expert witnesses.

3:32

These topics include projections by impacts on property values and projections about impacts on increased traffic.

3:38

Individuals providing expert opinion must be qualified as experts and provide the factual evidence upon which they base their expert opinion.

3:54

If you are not the applicant nor the city of Greenville, you will be asked a series of questions for the board to determine if you are allowed to participate in the hearing as a party with standing.

4:04

In accordance with North Carolina General Statute 16D 406 subsection D North Carolina General Statute 160 D 1402 subsection C, referred to and referred to tonight for expediency as the standing law.

Discussion Breakdown — Share of Meeting
Procedural██████████████████████████████████████38%
Alcohol Regulation███████████████████████████27%
Youth Programs█████████████████17%
Legal Procedure███████████11%
Zoning And Land Use███████7%
Summary of Proceedings

Greenville Board of Adjustment Meeting – March 28, 2024

The Greenville Board of Adjustment met on March 28, 2024, at 6:00 PM in City Hall Council Chambers. The board held two public hearings for special use permits (one for a bar and one for a child daycare facility), noted the withdrawal of a third request, and conducted routine business including approval of minutes and administrative announcements. All voting members were present.

Consent Calendar

  • Approval of Minutes: The board unanimously approved the minutes from the February 22, 2024 meeting.

Discussion Items

  • Public Hearing – Special Use Permit for East Carolina Italian Ice (Bar 2022): Applicant Calvin Johnson requested a special use permit to operate a bar (Bar 2022) at 250 Reade Circle, Suite 109, to allow the sale of alcohol alongside existing Italian ice and desserts. The business is located within the defined Bar 2022 district. Johnson and business partner Carol Shepard stated the intent is to maintain a family atmosphere and serve adult customers with wine and alcohol-infused Italian ice, not to become a nightclub. Staff reported the request meets all development standards. The board voted unanimously to approve the petition with recommended conditions.

  • Withdrawal – Special Use Permit for Impact Builders, Inc. (Elementary School): Staff announced that the applicant had withdrawn the request earlier that day, as they are pursuing a property in another jurisdiction. No further action was taken.

  • Public Hearing – Special Use Permit for Boys and Girls Clubs of the Coastal Plain (Child Daycare Facility): Applicant Mark Holtzman, represented by Chase Perez (VP of IT and Facility Operations) and Kimberly Reeves (COO), requested a special use permit to operate a child daycare facility at 475 Belvoir Highway. The existing Boys and Girls Club serves about 100 young people daily in an after-school setting. The permit would allow the club to obtain a North Carolina Child Care License, enabling them to access subsidies and increase service quality without passing costs to families—many of whom live in households earning less than $25,000 per year. Staff recommended approval. The board voted unanimously to approve the petition with recommended conditions.

Key Outcomes

  • Approved Special Use Permit for East Carolina Italian Ice (Bar 2022): Unanimous vote (all ayes).
  • Approved Special Use Permit for Boys and Girls Clubs of the Coastal Plain (Child Daycare): Unanimous vote (all ayes).
  • Board Training Announcement: Les Everett, Director of Planning and Development Services, announced that a board training session will be held on April 25, 2024, at 4:30 PM, prior to the regular meeting.
  • Cancellation of May 2024 Meeting: The board voted to cancel the May meeting (scheduled for Memorial Day weekend) and will carry any pending items to the June meeting. The motion passed unanimously.
  • Adjournment: The meeting was adjourned.

Meeting Transcript

Thank you for your patience. The meeting will now come to order. Welcome to the March 28th, 2024 meeting of the City of Greenville Board of Adjustments. Ms. Clerk, would you please call the road? Sharon Evans here. Chris Lilly. Here. Nathan Coleman. Daniel Warrell. Here. Ryan Perdle. Here. Jermaine McNair. Nola Dixon. Carol Maz? Here. Sterling Ruffin. Here. We have quorum. And Madam Chair, members of the board, all members present tonight are voting members for tonight's meeting. Okay. Thank you. Is there a motion to approve last month's meeting minutes? It's been moved by Mr. Chris Lilly, second by Mr. Nathan Worrell. All those in favor of approving the minutes from last month, please do so by saying aye. All those opposed, please say nay. Thank you. Mr. Phillips. The following general instruction to quasi judicial hearings and disclosure statement applies to all evidentiary matters for consideration by the board tonight. To the board and members of the public, please note that for any variance hearings, a four-fifth vote of the board is required to grant a variance. For all other evidentiary hearings, the decision will be made by a simple majority vote of the board. The hearings tonight are quasi-judicial evidentiary hearings. That means that they are like a court hearing. State law sets specific procedures and rules concerning how this board must make its decision. These rules are different from other types of land use decisions like rezoning cases. The board's discretion is limited. The board must base its decision upon competent, relevant, and substantial evidence in the record. A quasi-judicial decision is not a popularity contest. It is a decision constrained by the standards in the ordinance and based on the facts presented. If you will be speaking as a witness, please focus on the facts and standards, not personal preference or opinion. The board must base its decision upon evidence in the record as stated. Witnesses should provide factual testimony as to how this project does or does not meet the standards. As a witness, all other parties have the right to object to your testimony and cross-examine you. Ultimately, the board will determine what evidence to consider and how much weight to assign to the evidence presented. Participation is limited. This meeting is open to the public.

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